October Blog Post
October brings the opening of the U.S. Supreme Court. Tradition for the past 70 years has the judicial season begin with what is known as the Red Mass, a Catholic Service dating back centuries.
This year one the U.S. Supreme Court will hear a number of interesting and eclectic cases. One of interest to librarians is regarding the 1st and 4th amendments in which The Onion wrote an amicus brief asking the court to revive a lawsuit against a police department who arrested a fellow satirist. The case, Anthony Novak v. City of Parma, et al., is about whether or not a Facebook page created to mimic a Police Department web site to express criticism of a particular city’s police department’s policies, is protected by the first amendment (free speech protections) and fourth amendment (illegal search and seizure protections). The creator of the fake page is a known satirist. He was arrested, convicted, and went to jail. He appealed the decision and the 6th Circuit Court of Appeals determined that the police officers were correct in their authority. It was a first.
What is really noteworthy is The Onion actually penning a Supreme Court brief. It is the first time their corporate attorneys and their writers agree it is appropriate to do so. The Onion is the premier satirical news source in the United States. It wrote an amicus brief in support of Anthony Novak because they believe it is their responsibility to support fellow satirists in defense of the 1st amendment. In this case, the 6th Circuit Court of Appeals sided with the police and determined the web site was not satire but interfered with police business. It caused undue burden in the course of the daily work of the police department through disruption. That was the point of the site. It was to point out problems with police policies according to Novak.
I do not live in the town or the state. However, as a librarian, I do understand the need to have correct process and procedures. I also understand the need to be free to discuss these policies openly and freely with those in charge without fear of being arrested for asking questions and pointing out my concerns. At any college or university, students have a responsibility to question their professors in order to learn. It is what we do as individuals and as citizens in a democracy. It will be interesting to see how the U.S. Supreme Court decides who is correct in this case.
References
Anthony Novak v. City of Parma, et al Case 18-3373 (2019).
Golde, K. (2022 October 14). With The Onion’s support, satirist asks court to revive lawsuit against police who arrested him. SCOTUSblog. https://www.scotusblog.com/2022/10/with-the-onions-support-satirist-asks-court-to-revive-lawsuit-against-police-who-arrested-him
The Roman Catholic Archdiocese of Washington. Red mass for Supreme Court justices, judges, and government officials to be held October 2. (2022, September 28). https://adw.org/news/red-mass-for-supreme-court-justices-judges-and-government-officials-to-be-held-october-2/
Treisman, R. (2022, October 4). The man who wrote the Onion’s Supreme Court brief take parody very seriously. https://www.npr.org/2022/10/04/1126773469/onion-supreme-court-brief-author-interview